 | Thomas Erskine Baron Erskine - 1876 - 622 str.
...the act is itself unlawful, as in the case of a libel, the proof of justification or excuse lies on the defendant ; and in failure thereof, the law implies a criminal intent ; " most luminously expressed to convey the sentiment, viz., that when a man publishes a libel, and... | |
 | Charles Alfred Gorham - 1877 - 264 str.
...proved, and found ; but, where the act is itself unlawful, the proof of justification or excuse lies on the defendant, and, in failure thereof, the law implies a criminal intent." LECTURE XVII. EVIDENCE CONTINUED. Rule 3. — The substance only of the issue or Rule 3. charge need... | |
 | John Townshend - 1877 - 838 str.
...itself unlawful (3'. e., prima facie and unexplained), the proof of justification or excuse lies on the defendant, and in failure thereof the law implies a criminal intent ; in the latter case the intention is immaterial, and therefore not a question of fact in issue, for... | |
 | India - 1877 - 1088 str.
...be proved and found ; but, where the act is in itself unlawful, the proof of justification lies on the defendant, and in failure thereof, the law implies a criminal intent.' " The definition of the word "judge" is given in Sect. 19, p. 22, 137 and that of "public servant"... | |
 | John Hutton Balfour Browne - 1880 - 722 str.
...by the jury; but where the act is in itself unlawful, the proof of justification or excuse lies on the defendant, and in failure thereof the law implies a criminal intent. A •'guilty mind" is. however, as we have seen, essential to the conception of a crime in a very large... | |
 | India, Matthew Henry Starling - 1886 - 684 str.
...must be proved and found; but, where the act is in itself unlawful, the proof of justification lies on the defendant, and in failure thereof, the law implies a criminal intent. " The definition of the word "judge" is given in Sect. 19, p. 26, and that of "public servant " in... | |
 | John Townshend - 1890 - 972 str.
...is in itself unlawful (ie prima facie and unexplained), the proof of justification or excuse lies on the defendant, and in failure thereof the law implies a criminal intent; in the latter case the intention is immaterial, and therefore not a question of fact in issue, for... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead, Edward Potton - 1891 - 876 str.
...where the act is in itself unlawful (as in this case) the proof of justification or excuse lies on the defendant; and, in failure thereof, the law implies a criminal intent." There may indeed be cases, and so it was admitted in R. v. Xntt,l of a publication in point of law,... | |
 | Henry Hardcastle - 1892 - 748 str.
...proved and found ; but when the act is in itself unlawful, the proof of justification or excuse lies on the defendant, and in failure thereof the law implies a criminal intent." Similarly, in R. \. Dwon (1814), 3 M. & S. 1 1, at p. 15, Lord Ellenborough said : " It is an universal... | |
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But where the act is itself unlawful, as in the case of a libel, the PROOF of justification or excuse lies on the defendant ; and in failure thereof, the law implies a criminal intent. 
